An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. A driveway easement may be created by recording a deed that states, for example, that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
New Hampshire Driveway Easement and Shared Parking Agreement: A Comprehensive Overview In New Hampshire, a Driveway Easement and Shared Parking Agreement is a legal contract that governs the rights and obligations of property owners regarding shared access to driveways and parking spaces. Such agreements are paramount when multiple properties share a common driveway or parking area. These agreements ensure a fair and organized system wherein all parties involved can utilize and maintain their respective portions of the shared space without conflict. The exact terms and conditions can vary depending on the specific situation and the parties involved, but they typically outline the following key aspects: 1. Definitions: The agreement starts with a section that clearly defines terms and phrases used throughout the document, ensuring a common understanding among the parties involved. It includes definitions of relevant keywords such as "Driveway Easement," "Shared Parking Area," "Dominant Tenement," "Serving Tenement," and so on. 2. Property Description: This section provides a comprehensive description of the properties involved in the agreement, including addresses, boundaries, and any other relevant details. It clearly identifies the properties subject to the agreement and their respective rights and responsibilities. 3. Easement and Access: The agreement outlines the scope of the driveway easement. It clarifies which properties have the right to use the shared driveway, the purpose of the easement (e.g., ingress and egress), and any specific limitations or restrictions. It may specify the width of the easement, location of entrances and exits, and any necessary maintenance responsibilities. 4. Shared Parking: If the agreement pertains to shared parking spaces, it will elaborate on the allocation of these spaces among the property owners. It highlights the number of parking spots designated for each property, any reserved spaces, and protocols for visitor parking. Additionally, it may address issues such as parking lot maintenance, snow removal, and liability for damages. 5. Maintenance and Repairs: This section elaborates on the responsibilities and financial obligations of each property owner concerning the shared driveway and parking area. It may outline how costs for repairs, resurfacing, snow removal, and landscaping will be shared among the parties. 6. Dispute Resolution: In case of disagreements or disputes between the property owners, this section establishes procedures for resolving conflicts. It may include the requirement for mediation, arbitration, or even legal action. The goal is to ensure a fair and efficient resolution process that minimizes disruptions and maintains harmonious relationships. Different types of New Hampshire Driveway Easement and Shared Parking Agreements may exist depending on specific circumstances. Examples may include Residential Driveway Easement and Shared Parking Agreement, Commercial Property Driveway Easement and Shared Parking Agreement, and Multi-unit Residential Complex Driveway Easement and Shared Parking Agreement. Overall, a New Hampshire Driveway Easement and Shared Parking Agreement provides legal structure and clarity, ensuring that property owners can enjoy shared access and parking areas while minimizing conflicts and protecting their respective rights.
